HomeMy WebLinkAbout2002-08-05 City Council (17)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER
AUGUST 5, 2002
1421-1423 EMERSON
UTILITY EASEMENT
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 357:02
STREET -SUMMARY VACATION OF PUBLIC
.RECOMMENDATION
Staff. recommends that. Council authorize the Mayor to execute the attached Resolution
Ordering the Summary Vacation of a 5-foot public service easement for utilities located at
1421-1423 Emerson Street, Palo Alto.
DISCUSSION
The property owners have requested that the City vacate, the 5-foot wide public utility
easement for overhead electric facilities located on their property at 1421-1423 Emerson
Street, Palo Alto. The owners have merged the two lots through a certificate of compliance
and plan to redevelop the site with a new single-family residence. The overhead utilities
have been relocated and the easement is not necessary for any present or future use.
RESOURCE IMPACT
The easement vacation-processing fee of $1,200, as set forth in the Municipal Fee Schedule,
has been paid by the property owners.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies.
ENVIRONMENTAL REVIEW
The proposed easement vacation is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA); therefore, no environmental assessment is
necessary.
ATTACHMENTS
Attachment A: Resolution Vacating PUE at 1421-1423 Emerson Street
CMR:357:02 Page 1 of 2
PREPARED BY:
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
JANET FREELAND
Senior Financial Analyst
C_A~ YEATS
~ector, Administrative Services
EMILY HARRISON
Assistant City Manager
cc: Property Owner, 1421-1423 Emerson Street
CMR:357:02 Page 2 of 2
ATTACHMENT A
Recorded at no charge in accordance with
Street & Highway Code Section 8325 at the
Request of and when recorded return to:
CITY OF PALO ALTO/REAL ESTATE
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
SPACE ABOVE LINE FOR RECORDER’S USE
A.P. No.:124-16-30 & 31
PARCEL No.: CEV 6/13-01/9
PROJECT:Vacation of public utility easement,
1421-1423 Emerson St.
SUMMARY VACATION
RESOLUTION No.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITIES EASEMENT
AT 1421-1423 EMERSON STREET, PALO ALTO
WHEREAS, the facilities located in a 5-foot public service easement for utilities located
at 1421-1423 Emerson Street in Palo Alto have been relocated and the easement is not necessary
for future public use; and
WHEREAS, from all evidence submitted to the Council of the City of Palo Alto, it is
found that said public service easement as described herein is not necessary for present or
prospective public use for public utility purposes; and
WHEREAS, it is the intent of the Council of the City of Palo Alto to vacate the 5-foot
public service easement for utilities recorded July 22, 1953, in Book 2687, at Page 616, as
Instrument No. 800847, in the Official Records of the County of Santa Clara, State of California;
and
WHEREAS, the Council of the City of Palo Alto intends to vacate such public service
easement for utilities according to the procedures set forth in the California Streets and Highways
Code Division 9, part 3, Chapter 4 (Section 8330 et.seq.);
NOW, THEREFORE, the City council does hereby RESOLVE as follows:
SECTION 1. This vacation is made under the authority of California Streets and
Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8330 et. seq.
SECTION 2. The 5-foot public service easement for utilities located at 1421-1423
Emerson Street are hereby vacated. Said easement is described in Exhibit A and shown in
Exhibit B, which exhibits are attached hereto and made a part hereof by this reference.
SECTION 3. The Council finds that the facilities located in the public service easement
for utilities have been relocated and the easement is not necessary for future public use.
SECTION 4. The Council finds that the action approved herein is categorically exempt
from the requirements of the California Environmental Quality Act and no environmental impact
assessment is necessary.
SECTION 5. The City Clerk, acting by and through the Real Property Manager, shall
cause a certified copy of this resolution, attested by the.City Clerk under seal, to be recorded
without acknowledgment, certificate of acknowledgement or further proof thereof, in the Office
of the Recorder of Santa Clara County.
SECTION 6. From and after the date of recordation of this resolution, the public service
easement for utilities shall be considered vacated.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
MAYOR
City Attorney Assistant City Manager
Director of Utilities Manager of Real Estate
EXHIBIT "A"
LEGAL DESCRiPTiON
PUBLIC UTILITY EASEMENT TO BE VACATED
1421/1423 EMERSON STREET
PALO ALTO, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, AND STATE OF CALIFORNIA, BEING THE SOUTHEASTERLY 5.00 FEET OF LOT 19, BLOCK
13, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP NO. 1 OF THE SEALE ADDITION TO THE
TOWN OF PALO ALTO", AS FILED ON MAY 12, 1904, IN BOOK "F3" OF MAPS, AT PAGE 63, SANTA
CLARA COUNTY RECORDS, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF EMERSON STREET,
AT THE MOST SOUTHERLY CORNER OF SAID LOT 19;
THENCE NORTH 51°45’00" WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
EMERSON .STREET, AND THE SOUTHWESTERLY LINE OF SAID LOT 19, A DISTANCE OF 5.00
FEET;
THENCE NORTH 38°15’00" EAST, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 19, A
DISTANCE OF 200.00 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID
LOT 19;
THENCE SOUTH 51°45’00’’ EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT 19, A
DISTANCE OF 5.00 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 19;
THENCE SOUTH 38°15’00" WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 19, A
DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL AREA OF 1,000 SQUARE FEET, MORE OR LESS, OR 0.0230 ACRE.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, EXHIBIT "B", AND BY
REFERENCE, MADE A PART HEREOF.
FILE: 201215LD2.WPD
¯ Ju~y 18.2002
PAGE 1 QF 2
APJ\J
-LOT UNES TO BE REMOVED
BY RECENTLY COMPLETED
CERllRCATE OF COMPUANCE---.
124-J6~rJJl
LU
z 5000 S.F.
I
I
I II
r"’-’5’ PUBLIC UTILITY EASEMENT
RECORDED dULY 22, 1953 IN
BOOK 2687, AT PAOE 616 AS|
INSTRUMENT 800847
(TO BE VACATED)
I
I